N. Sachak

During a joint trial, counsel for one of the co-accused sought directions on the appropriate timing to introduce propensity or bad character evidence against the other co-accused through cross-examination of a Crown witness (a 'Pollock & Morrisson' application).

The court ruled that to maintain full answer and defence and procedural fairness, notice of such an application must be provided at the conclusion of the Crown's examination-in-chief, prior to the commencement of cross-examination by the co-accused's counsel.

During a criminal jury trial, the accused objected to the Crown's expert witnesses using PowerPoint presentations that included conclusions and opinions, arguing they would unfairly emphasize the Crown's case and act as written reports.

The trial judge ruled that the PowerPoint presentations were admissible as exhibits to assist the jury in understanding complex technical evidence, provided that certain bald conclusions or opinions were redacted.

The judge found that such demonstrative aids are reasonably necessary in modern trials to enhance juror comprehension, subject to proper limiting instructions.

During a murder trial, the accused applied for a mistrial after a Crown witness provided undisclosed opinion evidence suggesting an incinerator had been used more than once.

The accused argued this prejudiced them by implying involvement in other uncharged murders.

The trial judge dismissed the application, finding that a mistrial is a remedy of last resort and that a sharp instruction to the jury to disregard the unfounded opinion evidence was sufficient to cure any potential prejudice.

During a murder trial, the Crown brought a motion arguing that one of the co-accused had placed his good character in issue through the cross-examination of a Crown witness.

The co-accused's counsel had elicited testimony from the witness that the co-accused seemed like a 'nice fellow' who could not be imagined to be involved in the victim's disappearance.

The court dismissed the motion, finding that the cross-examination was intended to repudiate the Crown's theory of the case and attack the reliability of the witness's testimony, rather than to introduce evidence of general reputation or good character.